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Home My WebLink About2002-023064. , ., • Recording requested by: City of Arroyo Grande � JULIE RODEWq�.q San Luis Obispo Cou(�,J�- Clerk/Recorder �-.��- Recorded at the reques� o ( Public And when recorded, return to: Director of Administrative Services/Deputy Cit City of Arroyo Grande P.O. Box 550, 214 East Branch St. Arroyo Grande, CA 93421 °°�# 2pa2023064 SK 3I21/2002 8:06 AM r�ties: � Pages: 4 Fees 16.D0 r '�eS o.00 others __ PAID $16.00 AGREEMENT AFFECTING REAL PROPERTY This Agreement, dated M�41zCH µ, Z ooz , for the convenience of the parties is made by and between the City of Arroyo Grande (hereinafter referred to as "City") and Bryan and Stacey Smith (hereinafter referred to collectively as "Owner"), based on the following facts: RECITALS WHEREAS, Owner is the owner of the fee interest in that certain parcel of real property (the "property") generally described as situated at 1 175 Maple Street, City of Arroyo Grande, County of San Luis Obispo, California, (A.P.N. 077-181-55) more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the property is 7,086.5 square f�et and situated in the Multi-Family Apartments (MFA) District within the City and in accordance with the City's Development Code, includes a property development standard for density of 11 dwelling units per acre; and WHEREAS, in accordance with the City's Devefopmert Code the property can accommodate one dwelling unit; and WHEREAS, the City's Development Code defines a dwelling unit as "one or more rooms having not more than one kitchen, designed for occupancy by one family . for living, eating, and sleeping purposes"; and WHEREAS, the Owner desires to build an two-story residential addition that includes a additional bedrooms, living area and a"wet bar" area intended to be shared with extended family and by design this addition has potential for conversion to a second residential dwelling unit; and WHEREAS, the applicant had received approval for a Viewshed Review Permit through the Community Development Department on January 23, 2002 for a second story addition; and WHEREAS, second residential dwelling units are permitted in the MFA District only with the approval and issuance of a Conditional Use Permit (CUP) by City after a -____ _ � � , . . . � �' public hearing, and owner has not filed for or received approval for a CUP for this use; and WHEREAS, the applicant is requesting a building permit for the proposed residential addition; and NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants and conditions, the parties agree as follows: 1. The above Recitals are true and correct and incorporated herein by this reference. 2. The residence shall remain a single-family residence, with one kitchen, until such time that a CUP is approved for a second residential unit, OR the City's Municipal Code Chapter 16 is amended to include a land use density of 14 dwelling units/acre for the property consistent with the City's General Plan (2002) which would allow two dwelling units on the property after necessary City permits have been issued. 3. This agreement shall run with the land and shall be binding upon, and insure to the benefit of, all successors in interest in any manner of the parties hereto. Executed in Arroyo Grande, California, on the date first written above. CITY � � �� .: =�:�,i� „� . .� . �- ATTEST: � Kelly W tmo e Director of dministrative Services/Deputy City Clerk APPROVED AS TO FORM: TI OTHY J. ARM , ITY ATTORNEY OWNER ��- Bryan Smith (Signature must be notarized) \Z��'V "�' �%�xl v ` Stacey Smith (Signature must be notarized) .� � �� Sta.te of California „�''� � _....' CALIFORNIA ALL-PURP'OSE ACKNOWLEDGMENT County of San Luis Obispo On March 4, 2002 before me, Dana M. Bartlett, Notary Public, personally appeared Bryan Smith and Stacey Smith, o DANA M. BARTLETT c �� COMM. �1244904 c • . NOTARY PUBLIC•CAIIFORNiA � � SAN LU19 OBISiO COUNTY O My Comm. Expins J�n, t, 2004 � ❑ personally known to me - OR -� proved to me on the basis of satis ctory evidence to be the perso s) hose nam �s) i az�� subscribed to the 'thin ins ent and acknowled ed to me that he/sh the �xecuted the same m his/her/ e' authorized capaci ie , and that by his/her/ ei signatur (s on the insmunent the perso� or the ent� upon behalf of which the persor� acted, executed the instrument. WITNESS my hand and official seal. ,_ . � .L� � �� ►v q Y , y prove � valuable to persons relying �� Though the data below is not re uired b law it ma on the document and could prevent fraudulent reattachment of this form. CAPAC TY CLAIMED BY SIGNER (PRINCIPAL� [�dividual ❑ Corporate Officer Title ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: DESC PTION OF ATTAC DOCUMENT ��reem 1- f-'�=ecfi Title or Type of Document ❑ Limited 3 �I n �, � S �� ❑ General Number o ages (�rcfi� �, 20o Z Date of Document Absent Signer (Principal) is Representing: ADM-005 (07/O 1) �� clnae .•I�. N1c�r►� � Signer(s) Other Than Name(s) Above O,l T r -' --"-•" . •.. • '"`, "� , , � . .0 _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �� N�� 5�� l s�'U ss. On �J ' � a-' O c�- , before me, ��-� (/`-'� l lI � t �-, Date ame and Title of Offcer e. � ( g., "J e Doe, Notary Pu li ') personally appeared U� l C� Name(s) qf Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence KELLY WEfMORE � ��• Commissio� 1� i�9�! � Notal► PubNC - Oo�Ml�omto � San L�s OblsPo Couelb � My Ccrnn�. eplies Ja��6 to be the personEs} whose name(� is/a�e subscribed to the within instrument and acknowledged to me that he�slaefthey executed the same in his/be�#ei�- authorized capacity(iesj, and that by his/+rer/th�ir signatureFsj on the instrument the person(sj, or the entity upon behalf of which the person(-sj acted, executed the instrument. WITNES my hand and official seal. Place Notary Seal Above ignature of Notary Public OPT/ONAL Though the information below is not required by law, it may prove va/uab/e to persons re/ying on the document and could prevent fraudu/ent removal and reattachment of this form to another document. Description of Attached Document ('�/'� Title or Type of Document: �G�Q.� 'VYlOik� � (�5� �p� �� Document Date: �''" �'0�-- Number of Pages: � v Signer(s) Other Than Named Above: S� S/�1,��'� Capacity(ies) Claimed by Signer Si � er's Name: Ed Individual . • Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: � '�'� K 0 � 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • ChatswoAh, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 END OF DOCUMENT